What's that? topics are alphabetical...just page down.
Current in rent?Rent due date? Rent is due on the date shown in the rental agreement. If no written agreement, then rent is due on the date when it is customarily paid (proven by written receipts). There's no statutory requirement for a grace period.
Deny and Comply A tactic used by housing
intermediaries to deny that a problem exists and assure the complainant
that it will never happen again. Since Bill Clinton declared that "the
era of big government is over", regulatory agencies have adopted "deny
and comply" as a way to avoid being branded as pointy headed
bureaucrats.
HAP contract Housing Assistance Payments refers to an agreement between HUD and a private owner to provide rent subsidy Payments
Give up occupancy? Customarily a tenant gives up occupancy when she/he turns in the keys. Tenants are smart to have a record of when and how this exchange takes place. A receipt from the landlord saying that she/he received the keys; a reliable witness to the exchange; a letter of transmittal. Simply pushing the keys thru the mail slot at the office may not suffice.
Ladder of decision making
Local Codes
Building
Housing
Health
Safety/Fire
PBCA-Performance Based Contract Administration is HUD's system of private contractors who oversee compliance with HAP contacts. There is a PBCA for each state which makes subsidy payments to owners; reviews recertifications for tenants, conducts annual Management and Operations Reviews (MOR) and responds to tenant concerns. More here.
NOFA: Notice of Fund Availability is an invitation to apply for Federal Funding
Reasonable Accommodation or Reasonable Modification
Rental agreement?
Ohio law defines a rental agreement as: “Rental agreement” means any agreement or lease, written or oral,
which establishes or modifies the terms, conditions, rules, or any other
provisions concerning the use and occupancy of residential premises by
one of the parties. (ORC 5321.01 (D)
Strategies are ways of meeting goals (long term; symbolic outcomes, eg. "justice" or "peace"); tactics are ways of achieving objectives (shorter term, tangible outcomes; eg. "stopping an eviction; winning a wrongful withholding" )
Ohio Landlord Tenant Law refers to "written" notice in regard to repairs, termination, security deposit, and landlord information. What does "writing" or "written" mean in the 21st century? It depends on the court, but judges are leaning towards accepting email, not so much text, voice mail or other more ephemeral forms of communication. HINT: if you want to argue over what is a written notice...go to law school. If you want to argue over getting repairs done or a security deposit returned, put it in writing. NOTE: Three days notice to vacate is required by ORC 1923 to be delivered by the landlord BEFORE the landlord can file an eviction. Law says (emphasis added)
a party desiring to commence an action under this chapter
shall notify the adverse party to leave the premises, for the possession of
which the action is about to be brought, three or more days before beginning
the action, by certified mail, return receipt requested, or by handing a
written copy of the notice to the defendant in person, or by leaving it at the
defendant's usual place of abode or at the premises from which the defendant is
sought to be evicted Every notice given under this section by a landlord to recover
residential premises shall contain the following language printed or written in
a conspicuous manner: "You are being asked to leave the premises. If you do not
leave, an eviction action may be initiated against you. If you are in doubt
regarding your legal rights and obligations as a tenant, it is recommended that
you seek legal assistance."
Written Statement When a person is a witness to important facts about a dispute, it can be critical for the witness to create a written document as soon as possible after the event. Here's some tips to consider in creating that written statement. adapted from WikiHow
Describe the facts. You may include as many or as few facts in an affidavit as necessary. When describing the facts you should:
State each fact or set of facts in a separate paragraph. Each paragraph of the
affidavit should include one fact or a small number of facts if one
cannot be stated alone.
Number your paragraphs. This will make for easier reading and reference in Court or other documents.
Describe each fact clearly and concisely, providing names, dates, addresses, and other supporting information as needed.
Make reference to supporting documents, photographs, or other tangible paper
items which can be attached to the affidavit, and attach them. For
example, if describing a photograph in the affidavit, state that a copy
of the photograph is attached and marked as “exhibit A” then write
“exhibit A” on a copy of the photograph and staple it to the completed
affidavit. Exhibits may be lettered or numbered, whichever you prefer,
and should be labeled according to the order in which they are mentioned
in the affidavit i.e. the first exhibit mentioned should be labeled A
or 1, the second B or 2, and so on.
Who's that?
Housing advocatesare all kinds of people who work to change rules, policies and procedure that affect tenants and rental housing. At the state house two organizations are in the lead on state law: COHHIO and Ohio Poverty Law Center. In local communities a variety of groups and individuals take on policy issues that affect rental housing. Here's more on rental advocacy.
Housing Intermediaries are public agencies that
operate affordable housing programs. Many times Housing intermediaries
can be helpful in addressing tenant problems without having to use
legal remedies in the Ohio Landlord Tenant Law or Federal, State,
Municipal Fair Housing Laws
Housing Providers a generic term for landlords. Often used to encompass social service providers who operate rental housing. Despite their best intentions, they are still covered by the Ohio Landlord Tenant Law unless they are providing "transient" occupancy (less than 30 days) or have a primary goal of providing medical care (nursing home, residential treatment facility).
Protected Class Under the Federal, State and Local Fair Housing Acts certain classes of tenants are "protected" because of past discrimination.
